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Mediation is a form of alternative dispute resolution (ADR) often used in personal injury cases, intended to settle cases out of court. If you’re pursuing a personal injury claim, there’s a good chance that your trial judge will order you and the other party to participate in mediation before scheduling a trial. Or, perhaps your West Palm Beach personal injury lawyer advises mediation with the defendant to work toward a mutually agreeable settlement agreement.
So, does mediation work? It can, and a lot more often than many plaintiffs think. Knowing what to expect in mediation can help you get the most out of your time and secure a favorable settlement offer.
What is mediation?
Mediation is a process wherein two parties with opposite goals—in your case, you and the party who caused your injuries—negotiate a compromise to resolve the matter. It’s guided by a neutral third party (a professional mediator, often a retired judge or other legal professional) familiar with the issues at hand and the state and federal laws governing the matter. The mediator guides the discussion and keeps the parties focused on a goal rather than straying into arguments or accusations.
In mediation, you and the other party are sequestered separately. You may have your personal injury attorney with you to advise you and help you remain focused on the outcome you want. The session starts with opening statements from each side so that their respective positions are clear.
The mediator brings the demands of each party to the other, allows the parties to consider the offer made by the other side, and then exchanges the responses. Gradually, the two parties reach an agreement. If the two sides negotiate a settlement to the personal injury claim, they submit the negotiated settlement to the court. Once approved by the judge, the settlement is legally binding.
What are the benefits of mediation?
Mediation avoids a trial, saving you a lot of money and time. This may be especially valuable if you need the settlement money to cover medical care or other expenses. Trials can take months of preparation, and it may take months for a court to set a trial date, prolonging the process.
Mediation is also confidential; all details are sealed, and a confidentiality agreement can be part of the negotiated settlement. Once your trial begins, everything presented in court, including witness testimony, documents, photos, and other evidence, becomes public record. Some defendants may not wish to have the details of their wrongdoing easily accessible to the press and public.
It’s also less stressful than going to court. You don’t have to take any oaths, there is no jury, and you don’t have to face the defendant.
Drawbacks to mediation for personal injury claims
The primary drawback to mediation is the loss of potential punitive damages. If your attorney believes that the defendant’s actions were exceptionally egregious, and you have a strong case, they may recommend going to trial and asking the jury to award exemplary damages.
These damages are punishing in nature, not compensatory, and usually assessed against corporate defendants to teach a lesson and serve as an example to similar parties who may be tempted to engage in the same negligent behavior, like failure to properly test new medications or lack of oversight for the production of consumer goods.
Need legal advice for your injury case?
If you’ve been injured because of someone else’s negligence and want to file a lawsuit for damages, or if you’ve been ordered to attend mediation and need expert legal guidance, help is available.
Contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 for a free consultation. Our experienced attorneys will provide the advice and support you need to protect your rights and navigate the process confidently.